Disposed¶28

Bikram Biswal v. State of Odisha

Orissa HC23 Sept 2024BLAPL/9069/2024

Case brief

AI extract

What is this about?

Orissa High Court Cuttack; BLAPL No.9069 of 2024; Justice Aditya Kumar Mohapatra; Section 439 Cr.P.C. regular bail; Sections 379/328 IPC; G.R. Case No.490 of 2024; Jagatpur Case No.222 of 2024; J.M.F.C.(R) Cuttack; remand 23.04.2024; final charge sheet 27.8.2024; criminal antecedents; T.I. parade identification; bail bond Rs.30,000 with two local solvent sureties; conditional bail (police-station reporting, witness protection, court attendance, no similar offences); cancellation on violation; disposed 23.09.2024.

What did the court decide?

Regular bail granted to the Petitioner in G.R. Case No.490 of 2024 (Jagatpur Case No.222 of 2024) on a bail bond of Rs.30,000/- with two local solvent sureties each for the like amount, subject to the four imposed conditions; BLAPL disposed of. ¶28

Bikram Biswal Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, accused in G.R. Case No.490 of 2024 arising out of Jagatpur Case No.222 of 2024 (pending before J.M.F.C.(R), Cuttack) of offences under Sections 379/328 IPC, should be granted regular bail under Section 439 Cr.P.C., notwithstanding his criminal antecedents and identification in the T.I. parade, given the filing of the final charge sheet and the period of custodial detention.

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Court's answer

Having heard both sides and on careful examination of the materials on record, and taking into consideration the seriousness and gravity of the allegation as well as the period of custodial detention, the Court decided to release the Petitioner on bail.

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Ratio / Principle

Directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties each for the like amount, subject to conditions: (I) fortnightly reporting at the local police station (preferably Sunday, 10.00 A.M.-1.00 P.M.) for four months, thereafter monthly until conclusion of trial; (II) no threatening/harassing/terrorizing of prosecution witnesses including the Informant; (III) appearance before the trial court on each and every date of posting unless prevented by sufficient cause; and (IV) no indulgence in similar criminal offences while on bail.

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Key takeaways

Violation of any of the bail terms and conditions shall entail cancellation of bail.ratio¶27

Detailed headnote1 paragraphs

Bail application (BLAPL No.9069 of 2024, Orissa High Court, Cuttack) under Section 439 Cr.P.C. by Bikram Biswal seeking regular bail for offences punishable under Sections 379/328 of I.P.C. in G.R. Case No.490 of 2024 arising out of Jagatpur Case No.222 of 2024 pending before learned J.M.F.C.(R), Cuttack. Petitioner taken on remand on 23.04.2024; investigation concluded and final charge sheet filed on 27.8.2024, with trial not likely to commence soon. Counsel conceded several criminal antecedents but offered compliance with imposed terms; the State opposed bail citing identification of the Petitioner in the T.I. parade and risk of repeat offences. Weighing the gravity of the allegation and the period of custodial detention, Justice Aditya Kumar Mohapatra directed release on bail upon a bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties of like amount, conditioned on fortnightly police-station reporting for four months and thereafter monthly till conclusion of trial, non-interference with prosecution witnesses including the Informant, appearance on every date of posting, and abstention from similar offences, any violation entailing cancellation of bail. BLAPL disposed of on 23.09.2024.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9069 of 2024

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Bikram Biswal

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..... Petitioner

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Represented By Adv. – Mr. Laxmidhar Mahapatra

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-versus-

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State Of Odisha ..... Opposite Party Represented By Adv. – Mr. Debasish Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.490 of 2024, arising out of Jagatpur Case No.222 of 2024, pending in the Court of learned J.M.F.C.(R), Cuttack, for alleged commission of offences punishable under Sections 379/328 of I.P.C.

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Page 1 of 4.

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It is submitted by the learned counsel for the Petitioner that the Petitioner has been taken on remand in the present case on 23.04.2024. He further contended that in the meantime investigation has been concluded and final charge sheet has been filed on 27.8.2024. Learned counsel for the Petitioner further submitted that although the Petitioner is having several criminal antecedents, however, he is ready and willing to abide by any terms and conditions that would be imposed by this Court in the event he is released on bail. He further submitted that although charge sheet has been filed, however, the trial is not likely to be commenced soon.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground that the Petitioner has been identified in the T.I. parade. He further submitted that taking into consideration the criminal antecedent of the Petitioner, the possibility of indulging of the Petitioner in similar criminal offences cannot be ruled out.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into consideration the seriousness and gravity of the allegation as well as the period of custodial detention, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the

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Page 2 of 4.

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matter. Further, the release of the Petitioner shall also be subject to the following conditions:-

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I) He shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of four months and thereafter once in a month till conclusion of trial;

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II) He shall not threaten/harass/terrorize the prosecution witnesses including the Informant in any manner whatsoever while on bail;

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III) He shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause; and

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IV) He shall not indulge in similar criminal offences while on bail.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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